P&N BLOG | What Is Negligence, and How Does It Affect Your Personal Injury Case?

When it comes to personal injury law, negligence is one of the most important concepts to understand. In fact, it’s the foundation of most personal injury claims. If you’ve been injured due to someone else’s carelessness, understanding what negligence means, and how to prove it, can make all the difference in securing the compensation you deserve.

Let’s break it down: what negligence really is, how it’s proven, and how it impacts your personal injury case.

What Is Negligence?

In legal terms, negligence is the failure to act with the level of care that a reasonably prudent person would under similar circumstances. When someone’s carelessness causes harm to another person, they can be held legally responsible for their actions or inactions.

Think of it this way, if someone had a duty to act carefully and they didn’t, and their carelessness led to your injury, you may have a valid claim for negligence.

The 3 Key Elements of a Negligence Claim

To successfully prove negligence in a personal injury case, there are three core elements you and your attorney need to establish:

Duty of Care

You must first show that the person or entity who caused your injury had a legal duty to act with reasonable care. This duty can arise from everyday situations (like drivers having a duty to follow traffic laws) or more specific relationships (like a business owner’s responsibility to maintain safe premises).

Breach of Duty

Next, you’ll need to prove that the person breached that duty; meaning they failed to act with the level of care that was legally expected. This could be a driver texting while driving, a property owner ignoring a hazardous condition, or a professional failing to meet industry standards.

Causation

Lastly, there must be a direct link between the person’s breach of duty and your injury. In other words, you need to prove that your injury wouldn’t have occurred if it weren’t for the other person’s negligence.

Proving Each Element of Negligence

Duty of Care

The law generally requires people to act with “reasonable care” in situations where their actions could affect others. For example, drivers are expected to obey traffic laws and operate their vehicles safely. Certain scenarios, like medical malpractice or common carrier cases, may involve a higher or specialized duty of care.

Breach of Duty

Proving a breach isn’t always straightforward. Courts often look at what a reasonable person would have done in the same situation. If the defendant’s actions fell short of that standard, it may be considered a breach. In more technical cases, expert witnesses may be brought in to assess whether professional standards were violated.

Causation

You’ll need to demonstrate that your injury was directly caused by the defendant’s actions. Would you still have been injured if the person had acted with reasonable care? If the answer is no, causation is likely established. Some cases require detailed medical or expert testimony to make that link clear.

How Negligence Impacts Your Compensation

Negligence doesn’t just help prove who was at fault, it also plays a huge role in determining how much compensation you may receive. Here’s what factors into that:

• Duration of the Injury: Longer recovery times often lead to higher compensation.

• Permanent or Long-Term Effects: If your injuries result in lasting impairments, that increases the value of your claim.

• Medical Costs: Past, current, and future medical expenses—including surgeries, rehab, and medications are all considered.

• Lost Wages: If you’ve had to miss work or can no longer earn at the same level, you may be entitled to compensation for lost income or reduced earning capacity.

Taking Action After an Injury

Negligence isn’t just a legal term, it’s about accountability. When someone’s careless behavior causes harm, the law provides a path for victims to seek justice and financial recovery.

If you or someone you love has been injured due to another person’s negligence, don’t navigate the legal process alone. The first step is speaking with an experienced personal injury attorney who can evaluate your case and help you understand your rights.

Contact The Law Offices of Parente & Norem, P.C. today at 312.641.5926 for a free consultation with one of our experienced trial attorneys, or fill out a contact form right here on our website. We’re here to fight for the compensation and justice you deserve.